Monday, September 29, 2025

Counsel Unavailability Tops Causes of Delay in Lower Courts: Over 62 Lakh Cases Affected

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India’s lower courts are grappling with a massive backlog of cases, with more than 1.77 crore civil and criminal cases pending across the country. Data from the National Judicial Data Grid (NJDG), updated as of September 25, 2025, reveals that delays in case disposal are primarily due to systemic and procedural hurdles, with the unavailability of lawyers emerging as the single biggest bottleneck.

Key Causes of Delay

According to the NJDG report, the major reasons behind the mounting pendency are:

  • Counsel not available: 62,03,680 cases delayed because advocates failed to appear before the courts.
  • Accused absconding: 35,18,310 cases stalled as accused persons are on the run.
  • Missing witnesses: 26,67,741 cases hampered due to absence of key witnesses.
  • Stayed by lower courts: 22,64,721 cases remained pending because of stay orders from subordinate courts.
  • Awaiting documents: 14,18,493 cases are delayed due to non-availability of crucial documents and records.
  • Frequent appeals: 4,51,634 cases dragged on owing to repeated appeals filed by litigants.
  • Stayed by district courts: 5,725 cases put on hold by district court orders.
  • Stayed by the Supreme Court: 914 cases pending due to apex court stay orders.

The Bigger Picture

The pendency problem in Indian courts has been a long-standing challenge. With more than 4.5 crore cases pending across all levels of the judiciary, this snapshot of lower court delays underscores the urgent need for systemic reforms.

Judicial experts point out that the large number of cases stalled due to the non-availability of counsels and absconding accused reflects both infrastructural and procedural weaknesses. The problem is compounded by frequent adjournments, understaffed courts, and inadequate coordination between investigating agencies and the judiciary.

Need for Reforms

Legal analysts suggest several measures to reduce these delays, including:

  • Ensuring stricter rules to minimize adjournments.
  • Expanding use of digital courts and e-summons for better witness and accused tracking.
  • Increasing judge strength and support staff.
  • Implementing timelines for submission of documents and appeals.
  • Encouraging alternative dispute resolution (ADR) mechanisms to reduce litigation load.

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Mariya Paliwala
Mariya Paliwalahttps://www.jurishour.in/
Mariya is the Senior Editor at Juris Hour. She has 5+ years of experience on covering tax litigation stories from the Supreme Court, High Courts and various tribunals including CESTAT, ITAT, NCLAT, NCLT, etc. Mariya graduated from MLSU Law College, Udaipur (Raj.) with B.A.LL.B. and also holds an LL.M. She started as a freelance tax reporter in the leading online legal news companies like LiveLaw & Taxscan.

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